harish 21 July 2016

Will of huf with no children

Hi,

Me and my wife constitute an HUF. We have no children. I have two brothers one of whom (lets say A) does not hold a healthy relationship with me. I and my wife want to bequeath all the assets under my HUF to a son of my other brother (lets say B). The brother A has two sons too, and I am afraid that A and his sons will claim the assets of my HUF after my death. I want to make sure that the assets go to B's son only. Is there a separate will for HUF since there is no nominee column in FDR's and Mutual Funds etc. that I have. How do I make sure that B's son is the sole legal claimanant of my HUF assets?

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Kumar Doab (FIN) 21 July 2016

It is felt that:

You are coparcener and your wife is a member.

The coparcener is one that has right to force partition.

HUF is of persons who acquired interest in property by in joint family property.

After the death of sole male member as long as the property that was originally of HUF is not demanded and remain in the hnds of widow(s) the joint family shall continue.

Hindu Succession Act, 1956; sec;30:Hindu can dispose of, by will or other testamentary disposition any property which is capable of being so disposed of by him.

Further you may check with your own able counsel specializing in such matters.